BHOLA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant Bhola Singh has been convicted under Sec. 7/16, Food Adulteration Act, and sentenced to six months' R.L and a fine of Rs. 1000.00.

(2.) The prosecution case was that on 31-12-1974 a sample of buffalo milk carried by the applicant for sale was taken by the Food Inspector and vide Public Analyst report dated 18-2-1975 it was found to be adulterated because of deficiency in non-fatty solids. The prosecution was launched on 6-2-1976, i.e. more than 13 months after the taking of the sample. The defence that the milk was not for sale was rejected by the courts below.

(3.) The only point urged in revision is that considering the belated launching of prosecution after more than 13 months when the right of sending the sample to the Central Food Laboratory was rendered illusory the conviction should be quashed. It was urged that the prejudice to the applicant by affecting his right under Sec. 13(2) in this case is apparent even without the applicant having made any attempt to have the sample sent to the Central Food Laboratory pending trial. It has been judicially noticed that a sample of milk is likely to decompose after ten months, it may, therefore, be taken that any application by the applicant to avail of the right under Sec. 13(2) by sending the sample to the Central Food Laboratory would have been pointless and it may be taken that if sent the sample would have elicited a report that the sample had decomposed and was unfit for analysis. These circumstances, lead to the inference that the delay in prosecution prejudiced the right of the applicant under Sec. 13(2) of the Act. If so, the conviction cannot stand.